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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 41158
Short Caption:BUXSEL VS. MCMASTERCourt:Supreme Court
Related Case(s): 37698
Lower Court Case(s):Clark Co. - Eighth Judicial District - A427935Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:09/15/2004How Submitted:On Briefs

+ Party Information

Docket Entries
03/27/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Offices of James J. Ream--check no. 6479.
03/27/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 03-05169
03/28/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 1/7/03. To Court Reporter: Kris Cornelius. 03-05245
04/03/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 03-05637
04/03/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Schreck Brignone - check no. 026117 for cross-appeal in the amount of $200.00.
04/07/2003Notice/OutgoingIssued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 120 days.
04/07/2003Notice/OutgoingIssued Notice of Modification of Caption.
04/07/2003Docketing StatementFiled Docketing Statement. 03-05793
04/10/2003Docketing StatementFiled Docketing Statement. Amended Docketing Statement with attachments. 03-06044
04/21/2003Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 03-06742
04/21/2003Letter/IncomingFiled Letter. from law firm of Mainor Harris. They do not represent appellant in this matter and request to be removed from the docket in this case. 03-06771
04/28/2003TranscriptFiled Transcript. Proceedings: January 7, 2003. Court Reporter: Kristin Hicks. 03-07178
06/26/2003Order/ProceduralFiled Order. Because we are unable to determine whether all transcripts necessary for the review of this appeal have been filed with this court, appellant and respondent shall each, within 10 days from the date of this order, file and serve a transcript request form setting forth the specific trial or hearing dates to be transcribed. Alternatively, appellant and respondent shall show cause, within the same time period, why sanctions should not be imposed. 03-10701
07/07/2003Transcript RequestFiled Request for Transcript of Proceedings. Appellant/Cross-Respondent. Transcripts requested: 01/07/03. To Court Reporter: Kris Cornelius. 03-11317
08/04/2003BriefFiled Opening Brief. Appellant/Cross-Respondent. 03-13090
08/04/2003AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 03-13092
08/11/2003Notice/IncomingFiled Proof of Service. (Appellant's Opening Brief and Appendix). 03-13361
09/05/2003BriefFiled Answering Brief. 03-14967
10/03/2003BriefFiled Reply Brief. 03-16495
10/06/2003Notice/IncomingFiled Proof of Service. for Appellant's Reply Brief 03-16588
11/12/2003Case Status Update Briefing Completed. No reply brief (cross/appeal) filed.
01/29/2004Order/ProceduralFiled Order/Show Cause. Buxsel and Mandalay shall have 30 days from the date of this order to show cause why this appeal and cross-appeal should not be dismissed for lack of jurisdiction. Buxsel and Mandalay may file any reply within 10 days from the date that the other's response is served. 04-01892
02/27/2004MotionFiled Response to Order to Show Cause. Respondent/Cross-Appellant Mandaly's Response to this Court's Order to Show Cause. 04-03774
03/01/2004MotionFiled Response to Order to Show Cause. Raymond Buxsel's Response to Order to Show Cause filed January 29, 2004. 04-03872
05/07/2004Order/ProceduralFiled Order. Allowing Appeal to Proceed. When our preliminary review of the docketing statements and the documents submitted to this court pursuant to NRAP 3(e) revealed a potential jurisdictional defect, we directed appellant Raymond Buxsel and cross-appellant Mandalay Corporation to show cause why this appeal and cross-appeal should not be dismissed. We conclude that resolution of the jurisdictional issue presented in this matter is governed by a case cited by neither Buxsel nor Mandalay. In Paul v. Pool, we held that '[t]he answer of a co-defendant inures to the benefit of a defaulting defendant where there exists, as here, a common defense as to both of them.' Here, Mandalay and McMaster shared the common defense that Buxsel's claims against them were barred by Nevada's workers' compensation laws. We thus conclude that Mandalay's answer and the summary judgment in Mandalay's favor inure to McMaster's benefit, and render the district court's order a final judgment. Accordingly, this appeal shall be permitted to proceed. 04-08478
06/02/2004Order/ProceduralFiled Order. On June 26, 2003, this court entered an order directing appellant/cross-respondent ('appellant') and respondent/cross-appellant ('respondent') to each request transcripts in compliance with NRAP 9(a). To date, respondent has not complied with our order. Our cursory review of respondent's brief indicates that respondent only cited to the January 7, 2003, transcript, which was filed in this court on April 28, 2003. Accordingly, we conclude that this court has the transcript necessary to resolve this appeal and cross-appeal and we waive respondent's requirement to request transcripts in compliance with NRAP 9(a). 04-10089
09/15/2004Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 04-16974
09/15/2004Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP04D-RR/WM/MD
12/22/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP04D-RR/MD. Maupin, J., concurring in part and dissenting in part. 04-23320
01/18/2005RemittiturIssued Remittitur. 05-00759
01/18/2005Case Status Update Remittitur Issued/Case Closed.
01/28/2005RemittiturFiled Remittitur. Received by County Clerk on January 20, 2005. 05-00759